Southern Oregon Co. v. Kight

This is an action to recover treble damages for the alleged cutting of timber by defendants on the lands of plaintiff. After the testimony in the case was closed and the jury instructed, the court on its own motion submitted to the jury this question, “Did defendants trespass upon plaintiff’s land?” The jury answered this question in the negative and brought in a general verdict for defendants. Plain*68tiff filed its motion for a new trial which, was granted by the court, using the following language:

“That the third amended answer admits, in effect, that a trespass was committed upon plaintiff’s…